Snow Mountain Curbcuts in Newton: BARDEN vs SACRAMENTO lawsuit

Residential Sidewalk Snow Shoveling Ordinance Passed!

Newton passed a residential sidewalk snow clearing ordinance! It is a two year trial. Home-owners/residents are requested to clear their abutting public sidewalks and curbcuts free of snow during the winter. Businesses are allowed 24 hours after the snow ends, residents are allowed 30 hours to clear. Lets all continue to work with Newton departments to stop the practice of dumping snow mountains on the curbcuts and crosswalks. Everyone, lets work together so Newton has safe and accessible sidewalks all year long.

New Construction is Unacceptable!

It has rained for over 24 hours. Above photos were taken on February 24th. They show the snow mountains from city plows still blocking the public sidewalk on Wachusett Rd and Hammond Street at intersection of Commonwealth Avenue.This snow has been sitting here since the December storm. The most disturbing elements in these photos are construction flaws of these sidewalks paid for by our public funds from Mass Highway Dept and overseen by the City of Newton Traffic and Engineering Department. Notice the sidewalks end into utility poles and stop midblock on people's lawn. A wheelchair user is unable to use any of these sidewalks, and would have no other choice but to be wheeling along with the trucks and cars in the street. Newton, this is unacceptable!

Friday, February 19, 2010

BARDEN vs SACRAMENTO lawsuit

United States Court of Appeals,Ninth Circuit.
Joan BARDEN; Susan Barnhill; Jeffrey Evans; Tony Martinez; Brenda Pickern; Jeff Thom; Suzanne Fitts Valters; Mitch Watkins,
and all others similarly situated, Plaintiffs-Appellants,
v.
CITY OF SACRAMENTO; Mike Kashiwagi, Director of the Department of Public Works of the City of Sacramento, in his official capacity, Defendants-Appellees.
No. 01-15744.

Argued and Submitted March 12, 2002.
Filed June 12, 2002.

Disabled citizens brought action against city, alleging that city violated the Americans with Disabilities Act (ADA) and the Rehabilitation Act, by failing to install curb ramps in newly-constructed or altered sidewalks and by failing to maintain existing sidewalks so as to ensure accessibility to persons with disabilities. The United States District Court for the Eastern District of California, Milton L. Schwartz, J., granted summary judgment in favor of city, holding that sidewalks were not service, program, or activity within meaning of ADA or the Rehabilitation Act. Citizens filed interlocutory appeal. The Court of Appeals, Tashima, Circuit Judge, held that city sidewalks were service, program, or activity of city, subject to accessibility regulations under the ADA and the Rehabilitation Act.

Reversed and remanded.(Westlaw excerpt)